Customs (Control and Management) Act 1993

Link to law: http://laws.gov.ag/acts/1993/a1993-7.pdf

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No. 7 of 1993. The Customs (Control and
Management) Act, 1993.

ANTIGUA
AND

BARBUDA

L.S.

I Assent,

Wilfred Jacobs,
Governor-General.

17th February, 1993.

ANTIGUA AND BARBUDA

No. 7 of 1993

AN ACT to Revise andConsolidate the Law relating to Customs.

[ 18th February, 1993 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows:-

PART J

PRELIMINARY

1. This Act may be cited as the Customs (Control and short title.
Management) Act, 1993.

2. In this Act, unless the context otherwise requires, the Interpretation
following expressions have the following meanings respec-
tively -

"agent" means any person appointed an agent under
section 18;

"aircraft" includes any balloon (whether captive or free),
kite, glider, airship, helicopter or other flying machine;

ANTIGUA 2 The Customs (Control and No. 7 of 1993.
AND Management) Act, 1993.

BARBUDA

"airport" means any area of land or water designed,
equipped, set apart or commonly used for affording
facilities for the landing and departure of aircraft;

"airspace" means the space between the surface of the
airport to a height of 2,000 feet above the level of the
airport and within adistance of li12nauticalmiles of its
boundaries;

"approved wharf' means the place approved under section
13 (1);

"assigned matter" means any matter in relation to which
the Comptroller is for the time being required in
pursuance of any enactment to perform any duty;

"beer" includes any description of beer and any liquid
which on analysis of a sample thereof at any time is
found to be of a strength exceeding two degrees proof
but not exceeding 1.2% but not more than 10% of pure
ethyl alcohol by volume;

"boarding station" means any place directed to be a
boarding station under section 12 (2);

"burden", in relation to the weight of a vessel, means the
net registered tonnage calculated in the manner
prescribed by law for ascertaining net;

"cargo" means any goods, other than mail, stores, crew
member's effects and passenger's accompanied bag-
gage, carried on board a vessel or aircraft for a consid-
eration;

"claimant", in relation to proceedings for the condemnation
of any thing being liable to forfeiture, means any
person claiming that that thing is not liable to forfeitnre;

"coasting aircraft" and "coasting vessel" have the meaning
given to them by section 43 (1);

"commander", in relation ro an aircraft, includes any
person having or taking charge or comrrumd of that
aircraft;

No. 7 of 1993. The Customs (Control and 3 ANTIGUA
Management) Act, 1993. AND

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"common market" means the Caribbean Common Market;

"Comptroller" means the Comptroller of Customs;

"container" includes any bundle or package and any box,
cask or other receptacle whatsoever;

"crew" means any person employedin duties on board any
vessel or aircraft during a voyage or flight, whether or
not such a person is on any crew list;

"customs a~rport" means any place prescribed as such or
appointed under section 14;

"Customs Appeal Commissioners" means those persons
appointed to be Customs Appeal Commissioners under
section 136;

"customs area" means any place approved under section
15 (1);

"customs enactment" means the provisions of this Act,
any subsidiary legislation made under it, and any other
enactment which relates to an assigned matter;

"customs port" means any place prescribed as such or
appointed under section 12;

"customs warehouse" means any place appointed as such
under section 63;

"dollar" means East Caribbean Dollar;

"drawback" means a claim for drawback which has been
or is to be made;

"dutiable goods" means goods of a class or description
subject to any duty of customs whether or not these
goods are in fact chargeable with that duty, and whether
or not that duty has been paid thereon;

"duty" means a duty of customs chargeable on goods on
impomtion or exportation;

ANTIGUA 4 The Cl4stoms (Control and No. 7 of 1993.
AND Management) Act, 1993.

BARBUDA

"entered" in relation to goods imported, warehoused, put
on board an aircraft or ship as stores or exported means
the acceptance and signature by the proper Officer of
an entry, specification, or shipping bill, and declaration
signed by the importer or exporter on the prescribed
form in the prescribed manner, together with the
payment to the proper Officer by the importer or
exporter of all rents and charges due to the Crown in
respect of the goods, and in the case of dutiable goods
(except on the entry for warehousing of imported
goods), the payment by the importer or exporter to the
proper Officer of the full duties due thereon, or else,
where permitted, the deposit of a sum of money or
giving of security for the duties, as provided by law or,
in the case of goods for which security by bond is
requiredon the exportation, putting on board an aircraft
or ship as stores or removal of such goods, the giving
of such security;

"entry", in relation to the importation or exportation of
goods, means any document delivered to the proper
officer in accordance with section 26 (1) or section 34
(1) respectively, and in relation to vessels or aircraft,
means any document delivered to the proper officer in
accordance with section 35 (1);

"entry by bill of sight" means an entry made in accordance
with section 27 (3);

"examination station" means any place approved under
section 16 (1);

"export" means to take or cause to be taken out of Antigua
and Barbuda;

"exporter", in relation to goods for exportation or for use
as stores, includes the shipper of the goods and any
person performing in relation to any aircraft, functions
corresponding with those of a shipper;

"goods" includes stores, baggage and livestock;

"import" means to bring or cause to be brought into
Antigua and Barbuda;

No. 7 of 1993. The Customs (Control and 5 ANTIGUA
Management) Act, 1993. AND

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"importer", in relation to any goods at any time between
their importation and the time when they are delivered
out of custom's charge, includes any owner or other
person for the time being possessed of or beneficially
interested in the goods;

"land" and "landing" in relation to the landing of aircraft,
includes alighting on water;

"master", in relation to a vessel, includes any person
having or tak~ng charge or command of the vessel;

"Minister" means the Minister charged with the
responsibility of Customs;

"occupier", in relation to any warehouse, means the
person who has given security to the Comptroller in
respect of those premises;

"officer" means, subject to section 5 (2), any person
employed in the Customs Division of the Ministry of
Finance, and includes the Comptroller and the Deputy
Comptroller;

"owner", in relation to a vessel or an aircraft, includes the
operator of that vessel or aircraft;

"passenger" means any person other than a crew member
travelling on or arriving from any vessel or aircraft;

"passenger's accompanied baggage" means the personal
and household effects of a passenger including currency
carried on a vessel or aircraft whether in the personal
possession of the passenger or not so long as it is not
carried under contract of carriage or other similar
agreement anddoes not include any article intended for
sale or exchange;

"perfect entry" means any entry made in accordance with
section 26 or the warehousing regulations, as the case
may be;

"police officer" means any member of the Antigua and
Barbuda Police Force;

ANTIGUA 6 TIze C14stoms (Control and No. 7 of 1993.
AND Management) Act, 1993.

BARBUDA

"port" means a port appointed by the Minister under
section 12 of this Act;

"prescribe" means prescribed by regulation;

"prohibited or restricted goods" means goods of a class or
description of which the importation, exportation or
carriage coastwise is for the time being prohibited or
restricted under or by virtue of any enactment;

"proper", in reia~ion to the person by, with or to whom or
the place at which any thing is to be done, means the
person or place appointed or authorised by the
Comptroller in that behalf;

"proprietor", in relation to any goods, includes any owner,
importer, exporter, shipper or other person for the time
being possessed of or beneficially interested in those
goods;

"shipment" includesloading intoan aircraft, and "shipped"
and cognate expressions shall be construed accordingly;

"spirits" includes spirits of any description and all liquors
mixed with spirits and all mixtures, compounds or
preparations made with spirits but does not include
methylated spirits or medicated spirits;

"stores" includes goods for use in a vessel or aircraft and
fuel and spare parts and other arlicles or equipment,
whether or not for immediate fitting;

"territorial waters" means the territorial waters of Antigua
and Barbudaand Redonda as defined in section 3 of the
Territorial Waters Act, 1982 (No. 18 of 1982);

"tobacco" includes manufactured and unmanufactured
tobaccoof every description, tobacco stalksand tobacco
refill;

"transit" or "transhipment", in relation to the entry of
goods, meals transit through Antigua and Barbuda or
transhipment with a view to the re-exporatation of
goods in question;

No. 7 of 1993. The Customs (Control and 7 ANTIGUA
Management) Act, 1993. AND

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"transit shed" means any place approved under section 17
(1);

"vehicle" includes carriage, wagon, cart, motor vehicle,
tractor, bicycle, van, handcart, sledge, truck, barrow,
any trailer attached to any vehicle and any method of
carriage of persons or goods;

"vessel" indudes any ship, hovercraft or boat;

"warehouse" except in the expression "Customs
warehouse", means any place of security approved by
the Comptroller under section 51 (1);

"warehousing regulations" means any regulations made
under section 52 (1).

3. (1) The provisions of this section shall apply to this Act and Time of importation
any other enactment relating to customs. and exportation.

(2) For the purposes of this Act the time of importation of any
goods is -

(a) in case of goods brought by sea, the time when the
vessel carrying them comes within the limit of the
port;

(b) in the case of goods brought by air, the time when
the aircraft carrying them lands in Antigua and
Barbuda or the time when the goods are unloaded in
Antigua and Barbuda whichever is earlier;

provided that, in the case of goods brought by sea of which
entry is not required under section 26 of this Act, the time
of importation is the time when the vessel carrying them
came within the limits of the port at which the goods are
discharged.

(3) The t i e of exportation of any goods from Antigua and
Barbuda is, in the case of goods exported by sea or air, the time
when the goods are shipped for exportation:

Provided that in the case of goods of a class or description with
respect to the exportation of which any prohibition or restriction

ANTIGUA 8 The Customs (Control and No. 7 of 1993.
AND Management) Act, 1993.

BARBUDA

is for the time being in force under any enactment, which are
exported by sea or by air, the time of exportation is the time when
the exporting vessel or aircraft departs from the last port or
customs airport at which it is cleared before departing for a
destination outside Antigua and Barbuda.

(4) A vessel shall be deemed to have arrived at or departed
from a port at the time when the ship comes within or, as the case
may be, leaves the limits of the port.

PART I1

ADMINISTRATION

Comptroller of 4. (1) There shall be a Comptroller of Customs whose office
Customs. shall be a public office.

(2) The Comptroller shall, subject to the general control of the
Minister, be charged with the duty of collecting and accounting
for, and otherwise managing, the revenue of customs.

(3) The Comptroller shall be responsible for the administration
of this Act and for any other enacunent relating to any assigned
matter.

Delegation and 5. (1) Any Act or thing required or authorised by any customs
appolntmentby the enactment to be done by the Comptroller may be done by any
Comptroller officer authorised generally or specifically in that behalf, in

writing or otherwise, by the Comptroller, except that where, for
any reason, the post of Comptroller for any time is unf~lled, any
authorisation glven by a prevlous Comptroller which has not
been revoked shall continue In force unhl revoked by any person
subsequently appo~nted as Comptroller.

(2) Any person appointed by the order or with the concurrence
of the Comptroller (whether previously or subsequently
expressed) to perform any act or duty relating to an assigned
matter which by law may or is required to be performed by an
officer. shall be deemed to be an officer.

(3) Any person deemed by virtue of subsection (2) to be an
officer shall have the powers of an officer in relation to the act
or duty to be performed by him.

(4) If any officer or other person who has been authorised in
writing by the Comptroller to do any thing fails to return to him
that written authority when required to do so, he is guilty of an

No. 7 of 1993. The Customs (Control and 9 ANTIGUA
Manrrgernent) Act, 1993. AND

BARBUDA

offence and liable on summary conviction thereof to a fine of
$5,000.00 or to imprisonment for twelve months.

( 5 ) Where any act is required by an enactment to be done in
any particular place it shall be deemed to be done in such place
if done in any other place authorised by the Comptroller for that
purpose.

(6) The Comptroller may make directions specifying the
forms in relation to any assigned matter as he thinks fit.

6. (1) Subject to subsection (2), any person appointed in the Obllgat~on of
exercise of any power conferred, or in the performance of any
duty Imposed upon him by this Act or any other enactment -

(a) discloses to an unauthorised person the contents of
any document, information or confidential
instruction which has come into his possession or to
his knowledge in the course of his duties; or

(b) permits any unauthorised person to have access to
any records in his possession or custody;

is guilty of an offence and is liable to a fine of $5,000.00
or to imprisonment for twelve months, or to both.

(2) Nothing in subsection (1) shall prevent the disclosure by
any person of the contents of any document, any information or
confidential instruction where such disclosure IS authorised by
any Law or by the Comptroller.

7. (1) The days on which and the hours during which offices Times of
of customs are to be open or officers are to be available for the attendance of

officers.
performance of particular duties shall be such as the Minister
may by order prescribe.

(2) Any request for an officer to perform any duty outside the
normal hours of attendance of officers shall be made in writing
to the Comptroller who may grant such request if he thinks fit.

(3) The fees payable for the performance of any duty outside
the normal working hours directed by the Comptroller shall be
such as the Minister may by order prescribe.

ANTIGUA
AND

BARBUDA

Assistance to be
rendered by the
Police.

Officers to disclose
interest in certain
vessels or aircraft
or merchandise.

Directions.

10 The Cl~stoms (Control and No. 7 of 1993.
Management) Act, 1993.

8. ( I ) It shall be the duty of every police officer to assist in the
enforcement of the law relating to any assigned matter.

(2) In relation to any as\igned matter every officer shall l~nve
the same powers, authorities and privileges as are given hy law
to police officers.

9. (1) Any officer authorised by the Comptroller pursuant to
section 5 ( 1 )of this Act shall disclose to the Comptroller whether
-

(a) he has any interest in any vessel or aircraft engaged
in trade; or

(b) he is an agent or acts on behalf of the owner of any
vessel or aircraft engaged in trade; or

(c) he is an importer concerned in the importation of
any merchandise for sale.

(2) Any person who fails to cornply with the provision of
subsection (I) is guilty of an offence and is liable to a fine of
$5,000.

(3) The Comptroller shall by notice in writing request any
officer who in compliance with subsection 9 (1 ), discloses that
he has an interest in any vessel or aircraft or is involved in the
business of the owner of any vessel or aircraft engazed in trade,
or is engaged in the importation of any merchandise for sale, to
disengage, divest himself of such interest or withdraw his
involvement from the business of the owner of any such vessel
or aircraft or cease the importation of any merchandise.

(4) Any officer who fails to comply with any notice given by
the Comptroller under subsection (1 ) is guilty of an offence and
is liable on conviction to a fine of $10.000 or to ilnprisonment
for two years or to both.

10. Any direction given under any provision of this Act or my
regulation made under it --

(a) shall he published in the C;nzertr;

No. 7 of 1993. 'I'lru Cr4stom.v (Control and 11 ANTIGUA
M l ~ n ~ ~ g r t n r n r ) Act. 1993. AND

BARBUDA

(b) may make different provisions for different
circumstances: and

fc) may be varied or revoked by any subsequent
direction; and

(d) shall continue to be in force unless varied or revoked
by a subsequent direction.

11. Parts IV, V and VI do not apply - Application to
Government

(a) to any vessel or aircraft owned by or in the service ~:Cyi,an"
of the Government of Antigua and Barbuda when
being used for the purpose of customs, police or
coastguard; and

(b) where the Comptroller so directs, and for such
periodsandsubject to suchconditionsand restrictions
as he may see fit to impose, to any vessel or aircraft
owned by or in the service of the Government of any
other country.

PART 111

CUSTOMS CONTROLLED AREAS

12. (1) The Minister may by order - Appointment of
Customs Ports.

(a) appoint and name any area in Antigua and Barbuda
as a customs port;

(O) alter the name or limits of any customs port;

(c) revoke the appoinuncnt of any customs port; and

(d) impose any condition or restriction, or vary or
revoke any condition or restriction imposed, on the
use of an area in Antigua and Barbuda as a customs
port.

(2) The Comptroller may direct that any place in a customs
port shall be a bod ing station for the purpose of the boarding
of or disembarkation from vessels by officers.

ANTIGUA 12 1 1 ~ Cl~\rorn\ (Conrrol ( l r~ i No. 7 of 1993.
AND A4~wtrqrmrnr) ACT, 1992.

BARBUDA

(3) Any person who fails to co~nply with any condition or
restriction imposed by the Minister under subsectio11 (1) ( d ) is
guilty of an offence and is liable on con\liction toafi~ie of S5.000
or to i~nprison~nent for twelve months.

A I I ~ ~ O L ?